The National Company Law Appellate Tribunal (NCLAT) on Tuesday issued notice to Boeing on an appeal by the liquidator of Jet Airways, who wants the US planemaker to refund about $92 million (around ₹872 crore at current exchange rates) that the airline paid for aircraft it never received.
The Delhi bench gave Boeing two weeks to reply and the liquidator, Satish Kumar Gupta, a week after that to respond, Mint reported. The case will next be heard in the first week of December. According to LiveLaw, the bench was made up of Judicial Member Justice Mohd Faiz Alam Khan and Technical Member Naresh Salecha.
Mint said emails to Boeing and to the liquidator went unanswered at the time of its report.
What the dispute is about
In 2013, Jet Airways signed two purchase agreements with Boeing for 737-8 and 787-9 Dreamliner aircraft. It paid $92,129,387 in advance and pre-delivery payments, LiveLaw reported, citing the tribunal's record. Mint put the total value of the orders at about ₹3,005 crore.
As Jet's finances worsened it missed payments, and on May 22, 2019, Boeing suspended its obligations under the contracts. Jet entered insolvency in June 2019, and in December 2020 Boeing issued notices to terminate the agreements, citing the airline's alleged breach.
Boeing filed a claim of about $275.33 million during the insolvency process. It argued the advances should be set off against what Jet owed rather than refunded. After that adjustment, the resolution professional admitted Boeing's claim at ₹721.19 crore, which rose to about ₹873.79 crore during liquidation because of currency movements, both outlets reported.
What the lower tribunal said
On September 11, the Mumbai bench of the National Company Law Tribunal (NCLT) dismissed the liquidator's plea. It held that whether Boeing was right to suspend or end the contracts, and to keep or adjust the advances, needed a full trial on the contract terms, which neither side had placed on record. That could not be settled in a summary insolvency hearing and would have to go to a competent court, LiveLaw reported.
Background
Jet Airways stopped flying in April 2019, owing banks about ₹8,700 crore, Mint reported. A revival plan by the Jalan-Kalrock consortium was approved in 2021 but never carried out, and the Supreme Court ordered the airline's liquidation on November 7, 2024. Any money recovered from Boeing would go into the pool shared among Jet's creditors.
